Felon arrested following shooting near Romeroville
A convicted felon fired at least five shots at a car in the parking lot of a gas station near Romeroville, according to court records.
Juan D. Rubio, 40, of Tucumcari, was arrested Sept. 8. He faces several felony charges, including aggravated assault with a deadly weapon, and being a felon in possession of a firearm.
Just before 7 p.m. Sept. 8, New Mexico State Police responded to a report of shots being fired at a Speedway gas station south of Las Vegas, just off I-25 at Exit 339.
Witnesses told police that after gunshots were fired, a dark-colored Dodge Challenger fled north using the frontage road, and that a blue Nissan Altima fled the area going east on U.S. Highway 84. Investigators located six spent bullet casings near the entrance to the gas station’s parking lot.
About 20 minutes after police received the initial report, State Police officers in Guadalupe County pulled over a blue Nissan after spotting it driving 77 mph in a 65 mph zone. Rubio was a passenger in the car, and a woman was driving, according to a criminal complaint filed in Guadalupe County Magistrate Court. Officers noticed several .45-caliber rounds in the backseat of the car, and both Rubio and the woman had been convicted of felonies, legally barring them from possessing firearms or ammunition.
As officers removed Rubio from the car, he admitted that a handgun was hidden under a seat, according to police. During a search of the car, officers located a .45-caliber Hi-Point handgun with a loaded magazine and one round in the chamber. Rubio later admitted the gun belonged to him, according to the criminal complaint.
While searching the vehicle, officers learned a car matching the description of the Nissan was possibly involved in a shooting near Romeroville.
State Police officers from Las Vegas interviewed Rubio who said that he and his girlfriend were getting gas at the station when someone in the Dodge called him by his last name. He said he walked to the car to see who it was, and the driver pulled a gun on him, according to an arrest affidavit filed in San Miguel Magistrate Court. Rubio said he pulled his gun and fired five shots at the man in the Dodge, then got into the Nissan and told his girlfriend to drive away from the area. He said he didn’t call police because he’s a convicted felon and knew he wasn’t supposed to have a firearm.
Rubio was booked into the Guadalupe County Correctional Facility later that evening.
In San Miguel County, he faces felony charges of aggravated assault with a deadly weapon, and shooting at a motor vehicle. In Guadalupe County, he faces a felony charge of possession of a firearm by a felon, and a misdemeanor charge of negligent use of a deadly weapon because officers smelled alcohol on his breath, and he admitted to drinking, according to the criminal complaint.
Rubio has multiple convictions dating back to 1999, including aggravated assault with a deadly weapon in 2002 in 2010, and shooting at a vehicle and aggravated battery against a household member in 2005. In 2012, he was convicted of possession of a firearm by a felon, and conspiracy to commit aggravated assault with a deadly weapon after firing a handgun at a woman in a truck.
During a Sept. 10 hearing in Guadalupe County Magistrate Court, Judge Christopher Anthony Baca set bond for Rubio at $20,000 cash or surety.
At a Sept. 11 hearing in San Miguel Magistrate Court, Judge Christian Montaño set a $5,000 unsecured bond for Rubio’s San Miguel County charges. Under the conditions of release, if Rubio were to bond out in Guadalupe County, he would then be placed on house arrest with a GPS monitor, and would be subject to escape charges if he violated the conditions of his release.
The woman driving the Nissan was not charged, but according to the criminal complaint, police contacted her probation officer and her parole conditions could be reviewed.
Rubio has two preliminary hearings coming up later this month. The first in Guadalupe County Magistrate Court on Sept. 21, and the second on Sept. 22 in San Miguel Magistrate Court.
